Air Navigation Act 1937 (TAS)

Air Navigation Act 1937

An Act to provide for the application of the Commonwealth Air Navigation Regulations to and in relation to air navigation within this State

[Royal Assent 15 November 1937]

Whereas at a conference of representatives of the Governments of the Commonwealth and of the States held in April 1937, it was resolved that there should be uniform rules throughout the Commonwealth applying to air navigation and aircraft, and in particular to the airworthiness of aircraft, the licensing and competence of pilots, air-traffic rules, and the regulation of aerodromes; and it was agreed that legislation should be introduced in the Parliament of each State to make provision for the application of the Commonwealth Air Navigation Regulations, as in force from time to time, to air navigation and aircraft within the jurisdiction of the State:

Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Air Navigation Act 1937 . 2CommencementThis Act shall commence upon a date to be fixed by proclamation. 3RepealThe Commonwealth Powers (Air Navigation) Act 1920 is hereby repealed. 4InterpretationIn this Act – the Commonwealth Act means the Air Navigation Act 1920-1947 of the Commonwealth, and, if that Act is amended, includes that Act as amended from time to time; the regulations means the Air Navigation Regulations made, and as in force from time to time, under the Commonwealth Act; the Territories means Territories under the authority of the Commonwealth and includes Territories governed by the Commonwealth under a mandate. 5Application of Commonwealth Air Navigation Regulations to air navigation within StateThe regulations from time to time in force applicable to and in relation to air navigation within the Territories shall (except so far as those regulations are by virtue of the Commonwealth Act and the regulations applicable to and in relation to air navigation within this State) apply mutatis mutandis to and in relation to air navigation within this State as if those regulations as so applied were incorporated in this Act, and for the purposes of this Act those regulations shall be read and construed and take effect accordingly. 6Certain powers and functions vested in Commonwealth authoritiesWhere, by or under the regulations, any power or function is vested in or exercisable by any person or authority for the purpose of the regulations or any part thereof, the like power or function under the regulations in their application by virtue of this Act shall be vested in or exercisable by that person or authority for the purposes of the regulations in such application. 7Certificates, licences, &c.Any certificate, licence, or registration granted, issued, recognized, or effected – (a) by or under the regulations in their application under the Commonwealth Act; or (b) by or under the regulations in their application by virtue of the law of any other State of the Commonwealth – and any cancellation or suspension of any such certificate, licence, or registration, shall in this State have the same force and effect as if it had been granted, issued, recognized, or effected in pursuance of the regulations in their application by virtue of this Act. 8FeesAll fees payable under the regulations in their application by virtue of this Act shall be paid to the Commonwealth to meet the cost of the administration of the regulations in such application.